Puneet Yadav v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Civil Sectt. Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14412 of 2023 Applicant :- Puneet Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No. 493 of 2023, under Sections 379, 411 I.P.C., Police Station Kotwali Akbarpur District-Ambedkarnagar. It is argued by the learned counsel for the applicant that the FIR in case crime no. 493 of 2023 was lodged regarding the theft of a motorcycle no. UP-45-U 0138 against unknown persons on

23.8.2023 while the vehicle is said to be stolen on 25.7.2023. The accused is shown to be arrested on 3.9.2023 along with the co accused persons. Two motorcycles are said to have been recovered from them. The motorcycle which is alleged to have been recovered from him is connected with the present offence. Earlier the applicant was having no criminal history but with this recovery dated 3.9.2023 the applicant has been falsely implicated in two more cases of the same nature. The applicant is a driver by profession and is languishing in jail since

3.9.2023. Hence, the prayer is made accordingly. Learned A.G.A. opposed the prayer for the bail of the applicant and submitted that the stolen motorcycle has been recovered from the present applicant. The recovered motorcycle has been connected with the present case crime no.493 of2023. From the perusal of the record, it is found that motorcycle no. UP-45-U 0138 of one Satish Gupta was said to have stolen on

25.7.2023 but its report was lodged on the police station on

23.8.2023. As per the recovery memo dated 3.9.2023, the alleged motorcycle no. UP-45-U 0138 is said to have recovered from the present applicant. There is no witness of the alleged recovery made from the applicant. According to him this vehicle was provided to him by his brother Vivek Yadav. The offence is triable by the court of Magistrate. The applicant is languishing in jail since 3.9.2023. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Puneet Yadav who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to the prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 7.12.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench